A Study On The Legal Problems Of Medical Risk Funds

The medical and health industry is high-risk and special.The damage caused by medical risk exacerbates tensions between medical institutions and patients.At present,China has made a preliminary practice in the medical risk funds while this was only limited to part of areas and didn't have a uniformity.At the same time,Chinese laws and regulations on this aspect are not perfect and the study of medical risk funds is also little.This paper attempts to construct the legal norms of medical risk funds through defining the concept and comparing different compensation mechanisms of medical damage both at home and abroad.Combining with the domestic complicated social situation,this paper puts forward the legal system of medical risk funds which is suitable for national conditions.The full text is divided into five chapters:In the first chapter,this paper clarifies the meaning of the medical risk through the general analysis of the medical risk funds,so as to determine the applicable scope of the medical risk funds.This chapter also analyzes the institutional value of the medical risk funds and demonstrates the necessity and feasibility of socialized sharing of scattered medical risks and improvement of medical damage relief system.The second chapter summarizes the successful experiences and analyzes the shortcomings of the preliminary practice of medical risk fund in China through the reference and comparison of different medical risk sharing systems inside and outside the domain.The third chapter analyzes the internal legal relationship of the medical risk fund.It clarifies not only the ownership of the fund property and the legal liability,but also the respective rights and obligations of the supervisor of the manager.The fourth chapter discusses the basic principles of establishing the medical risk fund,the purpose of constructing the legal system and the development of the charter.It also expounds the fund model by combining the medical risk fund and the government market.The fifth chapter constructs the legal system of the medical risk fund from the three aspects:the source of the fund,the application of the law and the supervision of the fund.China should establish a government-led,combined with the market of medical risk funds system and should strengthen diversification of funds raising and implementation of regulatory system so that the risk of medical damage can be decentralized and medical disputes can be eased and will build a harmonious society.